1975-08-14 - Laserfiche WebLink

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-MEMO - RE: JAMES H. McMANUS, JR. (formerly known as Brewster's) -903 Waltham St. 7/30/75 8:30 A.M. A meeting was held in the Building Department Office on July 30, 1975. Present: Norman P. Cohen, Town Counsel of Lexington Donald E. Nickerson, Chairman of Board of Appeals Thomas Kelley, Building Inspector James H. McManus (petitioner for a Board of Appeals hearing) Evelyn F. Cole, Secretary of Board of Appeals SUBJECT: Mr. McManus plans to make substantial improvements to the interior and exterior of his restaurant at 903 Waltham Street. The restaurant was built in 1962 when the district was C-1 or C-2. (Restaurants were allowed in these districts.) The present By-law designates this same address as a CN district. Restaurants are NOT ALLOWED in CN districts. A restaurant could NOT be built at this address today, because it is designated CN. Also, all restaurants today have to have a Board of Appeals hearing in order to obtain a special permit (for use), according to Section 25.69 of the Zoning By-law. Section 30 of the Zoning By-law refers to non -conforming uses. A non -conforming building or use can be continued or repaired but not enlarged except with a special permit from the Board of Appeals. DOES THIS RESTAURANT HAVE TO COME TO THE BOARD OF APPEALS? Mr. McManus made an application to the Board on 7/22/75 under Section 25.69. Town Counsel reviewed the facts. Mr. McManus said he was going to improve the restaurant as required by the Lexington Board of Health. Improvements would be made to the ceiling, lighting, insulation. An air -conditioner would be installed and the floor re -tiled. Cost - $10,000. He would improve, not enlarge the building. Mr. Kelley said that the plans would have to be approved by the Building Department: Mr. Nickerson made reference to the numerous telephone calls, etc. in regard to this petition. The residents of this area are very vocal (Five Fields Association). All restaurants are under scrutiny by neighbors. No one could guarantee that residents of the area would not bring action about anything done at this address. i Mr. Cohen said that if Mr. McManus is not going to enlarge or expand the U business, if he is going to only improve and repair the building, if all the statements of Mr. McManus are true, this property would not require Board of Appeals' approval. Mr. McManus withdrew his petition. All materials submitted by him were returned including a check for $35.